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Ontario's Occupiers' Liability Act and the 60 Day Notice Rule for Snow Contractors

In 2021, Ontario changed the rules for snow and ice injury claims on private property. The change matters to every snow removal contractor in the province, because contractors are named in the law alongside property owners.

This page is general information, not legal advice. Speak with a lawyer about any specific claim.

What Changed

Bill 118, the Occupiers' Liability Amendment Act, 2020, received Royal Assent on December 8, 2020 and came into force on January 29, 2021. It added a notice requirement to Ontario's Occupiers' Liability Act.

In general terms, a person injured by snow or ice on private premises cannot bring a claim against an occupier, or against an independent contractor employed by the occupier to remove snow or ice, unless written notice of the claim is served within 60 days of the injury.

Before this change, an injured person could wait up to the general two year limitation period before giving any notice at all.

What the Notice Must Include

The written notice must set out the date, time and location of the incident. It must be served personally or sent by registered mail to either an occupier of the premises or an independent contractor employed to remove snow or ice at the relevant time.

Notice only needs to reach one of those parties. If an injured person properly notifies the property owner within 60 days, they can still pursue the snow contractor later even if the contractor never received its own notice.

Duty to Pass the Notice Along

If an occupier receives a notice, it must serve a copy on other occupiers and on any snow removal contractor it hired. If a contractor receives a notice, it must serve a copy on the occupier that hired it. Service is again by personal delivery or registered mail.

Exceptions

The 60 day requirement does not bar a claim where the injury resulted in death. A court can also allow a claim to proceed without proper notice if there is a reasonable excuse and the defendant is not prejudiced by the delay.

What the Rule Does Not Cover

The notice rule applies to private property, such as plazas, office complexes, condos, parking lots and walkways. It does not apply to public roads and highways occupied by the Crown or a municipality, which have their own rules.

What This Means for Snow Contractors

The rule gives contractors something valuable: earlier warning. Evidence in snow cases disappears quickly. Video is overwritten, weather changes, crews forget details. Knowing about a claim within 60 days gives you a better chance to preserve what matters.

It does not mean claims go away. Injured people and their lawyers are aware of the deadline, and notices still arrive.

Practical Steps

  1. Know who handles registered mail. A notice sent to your business address should not sit unopened in a truck cab.
  2. Report notices to your broker right away. Late reporting can create problems under your policy.
  3. Preserve your records immediately. Pull the snow logs, photos, GPS data, dispatch records and salt application records for the date in question.
  4. Serve the occupier. If you receive a notice, the law requires you to pass it to the occupier that hired you.
  5. Review your contracts. Some contracts require you to notify the owner of incidents within a set time. See snow removal contracts and insurance.
  6. Get legal advice on anything beyond routine reporting.

For a full walkthrough, read what to do when a snow removal claim hits.

Make Sure Your Insurance Is Ready

The notice rule makes documentation and prompt reporting more important, but your policy still has to respond when a claim proceeds. Confirm with your broker that your general liability includes slip and fall coverage for snow and ice and completed operations, and that your limits match your contracts.

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Frequently Asked Questions

When did Ontario's 60 day notice rule for snow and ice start?

The amendment came into force on January 29, 2021.

Does the 60 day notice rule apply to snow removal contractors?

Yes. Notice can be served on an occupier or on an independent contractor employed by the occupier to remove snow or ice, and the rule limits claims against both.

What should a snow contractor do after receiving a notice?

Report it to your broker promptly, preserve all records for the date, serve a copy on the occupier that hired you, and get legal advice.

Does the rule apply to municipal sidewalks?

No. It does not apply to public roads and highways occupied by the Crown or a municipality.